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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

A deed of conveyance contains a recital that the vendor 'is the absolute owner of the property', but the operative part transfers a different survey number than the one described in the recital. Under the usual rule of construction of documents, which view is correct?

Where the operative part is clear and unambiguous, it prevails over a conflicting recital. Recitals merely explain the background and are consulted only to resolve ambiguity in the operative words. The deed is not automatically void, and oral evidence does not replace the written terms.

  1. AThe recital always prevails over the operative part
  2. BThe operative part prevails where it is clear and unambiguous, and recitals help only where it is ambiguousCorrect
  3. CThe document is void automatically
  4. DBoth parts are ignored and oral evidence alone decides

Explanation

Recitals are explanatory and may be used to resolve ambiguity in the operative part. Where the operative words are clear, they control and a conflicting recital does not override them. Such an inconsistency does not render the deed void automatically, and oral evidence is not substituted for the written text.

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